Proposal for a Council Decision on the approval, on behalf of the Community, of the amendment to the Convention on the Control of transboundary movements of hazardous wastes and their disposal (Basel Convention), as laid down in Decision III/1 of the Conference of the Parties
Date: 1997-05-23
Institutions: European Commission
Subjects: cross-border transport, dangerous substance, waste, waste disposal, waste management

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  23.05.1997 
COM(97) 214 final 

97/ 0134 (CNS) 

Proposal  for  a 

COUNCIL  DECISION 

on the approval, on behalf of the Community, of the amendment to the Convention 
on the control of transboundary movements of hazardous wastes and their disposal 
(Basel Convention), as laid down in Decision III/l  of the Conference of the Parties 

(presented  by the Commission) 

EXPLANATORY  MEMORANDUM 

The  objective  of  the  attached  proposal  is  to  enable  the  deposit  of  the  instrument  of 
approval,  on  behalf  of  the  Community,  of  the  amendment  to  the  Convention  on  the 
control  of  transboundary  movements  of  hazardous  wastes  and  their  disposal  (Basel 
Convention), as laid down in Decision III/l  of the Parties to the Convention. 

Decision  III/l, adopted  by consensus  in September  1995 by the Third  Conference  of the 
Parties  to  the  Basel  Convention,  establishes  an  immediate  prohibition  of  transboundary 
movements  of  hazardous  waste  destined  for  final  disposal,  and  a  prohibition  as  of 
1.1.1998  of  transboundary  movements  of  hazardous  waste  destined  for  recovery 
operations, from countries listed in Annex VII to the Convention to countries not listed in 
Annex  VII.  Annex  VII  contains  the  following  countries:  members  of  the  OECD,  EC, 
Liechtenstein. 

The amendment to the Basel Convention must be ratified  (or equivalent) by three  fourths 
of the Parties who adopted it to enter into force. At the time of the Third Conference,  86 
countries were Party  to the Convention.  Therefore,  around  65 of those Parties will have 
to ratify  the amendment for it to formally enter into force. 

In view of the deadline set by Decision III/l  for prohibition of transboundary  movements 
of  hazardous  waste  destined  for  recovery  operations  (1  January  1998)  and  taking  into 
account  that  enabling  Community  legislation  is  already  in  place  (Council  regulation 
120/97 amending Regulation  259/93), it is considered  opportune to formally  approve of 
the amendment to the Convention on behalf of the Community as soon as possible. 

«I 

PROPOSAL 

fora 

COUNCIL DECISION 

of 

on the approval, on behalf of the Community,  of the amendment to the Convention 
on the control of transboundary  movements  of hazardous wastes and their disposal 
(Basel Convention), as laid down in Decision III/l  of the Conference of the Parties 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  130r, paragraph  4 and  Article  228, paragraph  2, first  sentence, and  paragraph  3, 
first  subparagraph thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas,  by  Council  Decision  93/98/EEC3,  the  European  Economic  Community 
approved  the  Convention  on  the  control  of  transboundary  movements  of  hazardous 
wastes  and their disposal, commonly known as the Basel Convention, and became a  full 
Party to the Convention on 7 May 1994; 

Whereas, by virtue of a Council Decision of 22 June  1995, the Commission  participated 
on  behalf  of  the  Community,  in  consultation  with  the  representatives  of  the  Member 
States,  in  the  negotiation  in the  context  of  the  Third  meeting  of  the  Conference  of  the 
Parties to the Basel Convention, with a view to amending the Convention  in  accordance 
with  Decision  11/12 of the  Conference  of the  Parties; whereas  pursuant  to this  Decision 
exports  of  hazardous  wastes  destined  for  final  disposal  from  OECD  to  non-OECD 
countries were to be prohibited  immediately  and exports of hazardous waste destined  for 
recovery  operations were to be phased  out until  31 December  1997 and prohibited  as of 
that date; 

3  O.J. L 39, 16.2.93, p. 1 

3 

Whereas, as a result of those negotiations, on 22  September  1995 the Conference  of the 
Parties  adopted  Decision  III/l,  introducing  a  new  preambular  paragraph  7  bis,  a  new 
Article  4A  and  a new  Annex  VII  into  the  Convention;  whereas  Decision  III/l  aims  to 
immediately prohibit exports of hazardous wastes destined for final disposal from  Parties 
listed in Annex VII to States not so listed and to phase out until 31 December  1997 and 
prohibit as of that date exports of hazardous wastes destined for recovery operations from 
Parties listed in Annex VII to States not so listed; 

Whereas Community legislation on shipments of waste has been amended accordingly by 
Council  Regulation  (EC) N°  120/974 of 20 January  1997 amending  Council  Regulation 
(EEC) N° 259/935 on the supervision and control of shipments of waste within, into and 
out of the European Community; 

Whereas,  pursuant  to  Article  17  of  the  Convention,  the  amendment  of  the  Basel 
Convention  is  open  for  ratification,  approval,  formal  confirmation  or  acceptance;  and 
whereas  the amendment  will  enter  into  force  between  Parties  having  accepted  it  on the 
ninetieth  day  after  the  receipt  by  the  Depositary  of  the  instruments  of  ratification, 
approval, formal  confirmation  or acceptance by  at least three-fourths  of the Parties who 
accepted the amendment; 

DECIDES AS FOLLOWS: 

Article 1 

The  amendment  of  the  Convention  on  the  control  of  transboundary  movements  of 
hazardous  wastes  and  their  disposal,  as  laid  down  in  Decision  III/l  adopted  by  the 
Conference  of the  Parties  on  22  September  1995,  is  hereby  approved  on  behalf  of  the 
European Community. 

The text of the amendment is attached to this Decision. 

4O.J.L22,24.1.97,p. 14 

5OJ.L30,6.2.93,p.  1 

4 

Article 2 

The President of the Council is hereby  authorised to designate the person(s)  empowered 
to  deposit,  on behalf  of the Community,  the  instrument  of approval  with the  Secretary-
General of the United Nations, as provided for by Article  17 of the Convention. 

This Decision shall be published in the Official Journal of the European Communities. 

Article 3 

Done at Brussels, 

For the Council 

The President 

r 

Amendment to the Basel Convention  on the control of transboundary  movements of 
hazardous wastes and their disposal 

New preambular paragraph 7 bis: 

that  transboundary  movements  of  hazardous  wastes,  especially 

Recognizing 
to 
developing  countries,  have  a  high  risk  of  not  constituting  an  environmentally  sound 
management of hazardous wastes as required by this Convention. 

New Article 4A: 

Each  Party  listed  in  Annex  VII  shall  prohibit  all  transboundary  movements  of 
1. 
hazardous wastes which are destined  for  operations according  to Annex IV  A, to  States 
not listed in Annex VII. 

Each  Party  listed  in  Annex  VII  shall  phase  out  by  31  Qecember  1997,  and 
2. 
prohibit as of that date, all transboundary  movements  of hazardous wastes under  Article 
l(i)(a)  of the Convention which are destined  for  operations according to Annex IV B to 
States  not  listed  in  Annex  VII.  Such  transboundary  movement  shall  not  be  prohibited 
unless the wastes in question are characterised as hazardous under the Convention. 

New Annex VII: 

Parties and other States which are members of the OECD, EC and Liechtenstein. 

ISSN 0254-1475 

COM(97) 214 final 

DOCUMENTS 

EN 

14  15  07  05 

Catalogue number  : CB-CO-97-201-EN-C 

ISBN 92-78-19564-2 

Office  for Official  Publications of the European Communities 

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